Legal Question in Medical Malpractice in Texas

Son is profoundly deaf after being told his hearing was normal

My son is 21 months old. He began talking at about 10 months old. At 12 months his language progression stopped. Because he had chronic ear infections since 3 mnths of age and constant fluid on the ear and vomited for about 5-8 mnths (a common sign of fluid on the inner ear), I was worried about his hearing. At 14 months an e.n.t. did a b.a.e.r hearing test. He told me Jackson had ''slight'' hearing loss but nothing to be concerned about until Jacks was about 5 if he displayed any problems. He sent the pedi a letter stating that it was a ''normal'' otologic exam and Jackson had a ''good'' response to test. At 20 months, Jackson had another hearing test showing he is profoundly deaf. We went back to look at the last exam and after an audiologist read it and looked at the notes, it showed that at his 14 month hearing test he was already ''severely'' deaf. Now we have lost 8 months-if I had been told this 8 months ago Jackson could've been hearing all this time and possible talking by now! His new e.n.t. had the same information and never mentioned it! Now the doctor that denied this information says his charts and medical records are ''missing''. Please help-how can doctors do this and nothing be done????


Asked on 4/22/02, 9:10 pm

1 Answer from Attorneys
John Allen Law Frim of Trey Allen PC

Re: Son is profoundly deaf after being told his hearing was normal

You have mentioned that you lost eight months due to a faulty auditory exam, and that had you known your child was severely deaf he could have been hearing. I am not clear what you mean. Did the erroneous diagnosis thwart the intervention of medical care that could have helped your child's hearing? Or, are you concerned from a general standpoint that a medical facility has misplaced paperwork and given you incorrect information, regardless of whether it would have made a difference in your child's hearing? You may either post your question again with additional information or email me directly at [email protected]. Forgive me, but I am not clear on exactly what your legal question is.

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Answered on 4/23/02, 11:10 am


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